HELP US You are being Sued
Not what anyone would want to get served with, especially just before the Holidays. Have you ever tried to obtain an attorney that will specialize in a area, and at the Holidays? Not an easy task. And then to get one that you can trust.
More Background and history I am sure you want. The Summer of 2006 was spent researching my Deed and neighbor Deed's to ensure what was sold to me in 1989 was actually what I had bought. This was only being done since “Mr. H” had ripped out some trees, and wanted to tear out the rest of my trees two feet from my cabin, tear out the Water Mains, the County Culvert Pipe.
You can read some scary items on the Internet about property disputes, so to give me peace of mind, I went to the County Recorders Office, The County Surveyors office, The County Archives, and talked with many people. I spent hours upon hours looking thru these real old books that were hand signed of deeds, and names of when property transferred.
Microfilm was then looked up for the actual deeds at the County offices, and many pages copied to try and understand how the property was split up and what transpired over the years.
In 1879 President Grant signed over tracts of land. Kinda interesting to see his signature, and how this was shown. But nearer to when my cabin and property became into being. I found that a “Madam Pantaloons” had a winery producing 5,000 cases of wine just down from my cabin, who was arrested for wearing Pants. I also found out that two large tracts of land were divided in the mid 1930's. These maps are on record at the County, even the hand drawn ones with fence lines, the Oak Trees, and angles agreed upon when they sold.
Wheeling and Dealing was done back then as it is today. There were some exceptions however of some existing cabins. A few are not around any more, but mine looks like one of the ones that did survive, and was excepted from all the other deed's that there property would go around mine. The area from 1938 to 1957 was known as the Simpson Property. The Simpson's bought each side of the road and acreage from two others back then.
Now to 1957, when the huge area was sold again. ½ interest to two parties buying many acres, except for where my cabin is at, being owned by Reese and Gade. they made sure that Edna, an elderly lady living in it had her land and the cabin. Describing her property going from the East Line of the Road back, being marked by trees, and points, making sure all the other properties Deeds showed that this one was not included when marking the land. This was deeded in 1958 to her.
Only a few years later in 1959, another Developer, Mr. Hutchinson and Mr.Clark buys all the acres, to subdivide into 14 acre and smaller lots. Everything except Edna's. Hutchinson again puts into deed form that Edna owns her land when he sells to Clark late that year.
Edna still living here, is getting old. But by late that year, she becomes a Widow, and sells off her cabin lot. She sells to Mr. Daily at the end of 1959. It is not until 1961 when Dailey tries to sell and finds out for some reason that they need a signature from Hutchins and Edna. That is obtained, and Dailey sells off to Mr and Mrs Balcom as Joint Tenants. Edna is not well enough, so her mark is verified.
Mr. Clark still owns all these tracts of land around the cabin lot however. He then offers the corner piece that separates where the cabin lot is at and the Northern Line of the next tract to Mr. Balcom. This is A smaller piece that measures back 200 feet due east from the center line of the Road, also known as Parcel 2-A on todays deed, the Cabin lot known as Parcel 1-A.
This is also when this part of the deed is added “Also including any portion of land between the Balcom property and the center line of the Clinton Road on a heading of North 86* 10' West.” The exact degree angle going down both sides of the cabin lot 150ft.
Reading many deeds, now, I now know that Mr Balcom and his wife owned the cabin lot before the other lot, and other deeds that refer to Edna's Property is that of the Balcom's Property, as of the transaction dates by researching.
Many others buy and sell the two lots together over the next generation. Some stay for a while, some sell. I purchase it in 1989 from a older gentleman who was putting it down on a foundation. It is in need of some TLC at this point, but he was getting to sick to continue the work.
So what changed over the years? The Markers are still there of the Road, the Trees , The Cabin. There are some ½ inch steel rods that have been found over the years. But wait, I find reference to the County Road Map of the Road being widened and moved over the years. Yes a dirt road in 1938 map, perhaps 10 ft wide, now paved and 50ft + wide. It actually bends in front of the cabin, so as to move the road away from the trees you can see in the pictures.
So were these trees once marking the East line of the Road? The Road had to of been West of these older trees. And was a tree removed that marked one of the corner positions, where now a wooden clean out that connects to the County Culvert Pipe “L-shapes” down the side of my cabin lot? The Culvert pipe dates to the late 1960's, verified by the county that they own it.
And what happened to the rest of the property that surrounded these two lots?
And why now do I have a new neighbor pounding in orange stakes between these trees and my cabin, wanting to tear out these markers, along with the trees going down the side of the property to a pin that has always been found?
More on Page 4 coming.....